EC Report
1. Project Details
   Whether it is a violation case and application is being submitted under Notification No. S.O.804(E) dated 14.03.2017 ? : No
1. Project Details
   i. Proposal No. : IA/RJ/MIN/32677/2015    ii. MoEFCC File No. : J-11015/408/2015-IA.II(M)    iii.Short narrative of the project: River Bed Sand Mine    iv. Project Sector : Mining Projects    v. Company/Proponent : Mukesh Sharma
  vi.Details of State of the project
Details of State of the project
S.no. State Name District Name Tehsil Name
1.RajasthanBaranBaran
2.RajasthanBaranKishanganj
 
   vii.Date of TOR Granted 12 Jan 2016 viii.TOR letter issued by Ministry: Annexure-TOR letter ix.Date of Submission for EC: 05 Feb 2018 x.Project Type: New
2. Uploaded Documents of EIA/EMP,Risk Assessment,Public Hearing etc.
i.EIA/EMP: Annexure-EIA/EMP ii.Risk Assessment: Annexure-Risk Assessment iii.Public Hearing: Annexure-Public Hearing    iv. Date of Public Hearing: 30 Nov 2016   v. Uploaded Additional Report/Study/Document as desired by Ministry/EAC: Annexure-Additional Report/Study/Document   vi. Uploaded Cover Letter: Annexure-Cover Letter   vii.Remarks: Proposal is being submitted for final EC consideration regarding. All relevant annexure like mine plan, LOI, DFO authenticated Landuse, Flora Fauna list, Public hearing documents have been enclosed with reports as per annexure and page numbers.
3. Additional Detail Sought
Additional Detail Sought
Sno. ADS Letter Remarks Date of ADS
1.NATotal mine lease area is 360.97ha which is non-forest land. Letter of Intent was issued by the State Govt. of Rajasthan, vide letter dated 03.12.2014 with certain terms and conditions. However, the PP could not complete the conditions within the period of 1 year as mentioned in the LOI. Therefore, the validity of LOI extension was submitted by the PP which is still awaited from the Government of Rajasthan. In view of the invalid LoI, the Committee deferred the Proposal and the Proposal may be considered further after receipt of valid LoI. 10 Mar 2018
2. ADS LetterRespected Sir Enclosed is the letter in support of LOI Validity Extension. Kindly consider the same. 13 Mar 2018
3. ADS Letterai 18 Apr 2018
4. ADS LetterDear Sir Kindly find enclosed the point wise reply. It includes 1) Lease area duly authenticated by Office of DMG, Baran 2) Coordinates of Cross section for replenishment study duly authenticated by the office of DMG, Baran 3) Undertaking by PP 4) Signed copy of District Survey Report by office of DMG, Baran 23 May 2018
5. ADS Letterai 20 Jun 2018
6. ADS LetterRespected Sir, With reference to the aforesaid subject and reference matter, we would like to bring into your kind notice that technical presentation for EC above said project was held before 29th EAC meeting on 22.03.2018 and some additional details were sought by Hon'ble EAC members, point wise reply of the same is enclosed herewith along with annexures for your record and ready reference. Therefore, we request your goodself to kindly proceed our project further for issuance of EC at the earliest. 31 Dec 2021
7.NAThe proposal for Environmental Clearance was considered in the 47thEAC Meeting (Non-Coal Mining) held during 7thto 9thMarch 2022. After detailed deliberations, the Committee observed that earlier the proposal was considered in the 29th EAC Meeting (Non-Coal mining) held during March 22-23, 2018 wherein the Committee recommended the mining of river sand/ bajri up to 25% capacity of the annual proposed production capacity subject to submission of valid LOI. The project proponent then submitted thatinitially, the Letter of Intent was issued from Government of Rajasthan, Kota vide letter no. P.9 (10) Khan/ Gr. – 2/ 2013 dated 03.12.2014 in favour of Mukesh Sharma. The project proponent also submitted the letter dated 21.12.2021, wherein it was mentioned that theHon’ble Supreme Court in SLP 10587/2019 gave judgement on 11.11.2021 and directed State government to amend Rule 5(4) as per finding of Central Empowered Committee. In compliance of the above mentioned judgement, Rajasthan Government issued a Gazette notification on 16.11.2021 and extended validity of LoI to 68 months from issuance of rule i.e. 1.3.2017. Therefore, as per notification dated 16.11.2021 LoI is valid till 31stOctober 2022.The same was confirmed by representative of DMG, Rajasthan during the presentation. The Committee also observed that the project proponent has not submitted the authenticated District Survey Report as per Ministry’s Notification S.O. 3611(E) dated 25.07. 2018.As per 2018 Notification "The District Survey Report shall form the basis for application for environmental clearance, preparation of reports and appraisal of projects”. Therefore, the Committee deferred the proposal. The project proponent needs to submit the (i) DSR as per 2018 notification and (ii) Undertaking that only Scrapers shall be used for mining to ensure that the mining depth be maintained as 1.0 meters (max.) from Original Ground Level and No other heavy machinery like bucket excavators, JCB machines etc. shall be used which may adversely impact the aquatic biota on Parivesh Portal for further consideration by EAC. 23 Mar 2022
8. ADS LetterThe proposal for Environmental Clearance was considered in the 47thEAC Meeting (Non-Coal Mining) held during 7thto 9thMarch 2022. After detailed deliberations, the Committee observed that earlier the proposal was considered in the 29th EAC Meeting (Non-Coal mining) held during March 22-23, 2018 wherein the Committee recommended the mining of river sand/ bajri up to 25% capacity of the annual proposed production capacity subject to submission of valid LOI. The project proponent then submitted thatinitially, the Letter of Intent was issued from Government of Rajasthan, Kota vide letter no. P.9 (10) Khan/ Gr. – 2/ 2013 dated 03.12.2014 in favour of Mukesh Sharma. The project proponent also submitted the letter dated 21.12.2021, wherein it was mentioned that theHon’ble Supreme Court in SLP 10587/2019 gave judgement on 11.11.2021 and directed State government to amend Rule 5(4) as per finding of Central Empowered Committee. In compliance of the above mentioned judgement, Rajasthan Government issued a Gazette notification on 16.11.2021 and extended validity of LoI to 68 months from issuance of rule i.e. 1.3.2017. Therefore, as per notification dated 16.11.2021 LoI is valid till 31stOctober 2022.The same was confirmed by representative of DMG, Rajasthan during the presentation. The Committee also observed that the project proponent has not submitted the authenticated District Survey Report as per Ministry’s Notification S.O. 3611(E) dated 25.07. 2018.As per 2018 Notification "The District Survey Report shall form the basis for application for environmental clearance, preparation of reports and appraisal of projects”. Therefore, the Committee deferred the proposal. The project proponent needs to submit the (i) DSR as per 2018 notification and (ii) Undertaking that only Scrapers shall be used for mining to ensure that the mining depth be maintained as 1.0 meters (max.) from Original Ground Level and No other heavy machinery like bucket excavators, JCB machines etc. shall be used which may adversely impact the aquatic biota on Parivesh Portal for further consideration by EAC. 23 Mar 2022
9. ADS LetterThe proposal for Environmental Clearance was considered in the 47thEAC Meeting (Non-Coal Mining) held during 7thto 9thMarch 2022. After detailed deliberations, the Committee observed that earlier the proposal was considered in the 29th EAC Meeting (Non-Coal mining) held during March 22-23, 2018 wherein the Committee recommended the mining of river sand/ bajri up to 25% capacity of the annual proposed production capacity subject to submission of valid LOI. The project proponent then submitted thatinitially, the Letter of Intent was issued from Government of Rajasthan, Kota vide letter no. P.9 (10) Khan/ Gr. – 2/ 2013 dated 03.12.2014 in favour of Mukesh Sharma. The project proponent also submitted the letter dated 21.12.2021, wherein it was mentioned that theHon’ble Supreme Court in SLP 10587/2019 gave judgement on 11.11.2021 and directed State government to amend Rule 5(4) as per finding of Central Empowered Committee. In compliance of the above mentioned judgement, Rajasthan Government issued a Gazette notification on 16.11.2021 and extended validity of LoI to 68 months from issuance of rule i.e. 1.3.2017. Therefore, as per notification dated 16.11.2021 LoI is valid till 31stOctober 2022.The same was confirmed by representative of DMG, Rajasthan during the presentation. The Committee also observed that the project proponent has not submitted the authenticated District Survey Report as per Ministry’s Notification S.O. 3611(E) dated 25.07. 2018.As per 2018 Notification "The District Survey Report shall form the basis for application for environmental clearance, preparation of reports and appraisal of projects”. Therefore, the Committee deferred the proposal. The project proponent needs to submit the (i) DSR as per 2018 notification and (ii) Undertaking that only Scrapers shall be used for mining to ensure that the mining depth be maintained as 1.0 meters (max.) from Original Ground Level and No other heavy machinery like bucket excavators, JCB machines etc. shall be used which may adversely impact the aquatic biota on Parivesh Portal for further consideration by EAC. 23 Mar 2022
10. ADS LetterDear Sir Kindly find enclosed the point wise reply. It includes 1) DSR as per 2018 notification 2) Undertaking by PP. Thanks 25 Mar 2022
11. ADS LetterNA 10 Jun 2022
12. ADS LetterRespected Sir, Kindly refer to the above subject matter. We are submitting herewith the point wise compliance of ADS raised during EAC meeting held on 21.04.2022. 13 Jun 2022
13.NAAs per Ministry's notification dated 20th April,2022, all deferred proposal for minor mineral to be consider at Central or State level is pending in the Ministry. Accordingly, action to be taken by the Ministry. 13 Sep 2022
14. ADS LetterThe ADS genrated was replied 04 Oct 2022
15.NASir, The information as sought by the EAC in its meeting held during 18-20, October, 2022 is still awaited from the Project Proponent. Please submit the information for the followings; i. The Project Proponent needs to submit the District Survey Report (DSR) approved by SEIAA. ii. The Project Proponent needs to submit the action plan for planting Vetiver Grass on the banks of the river in consultation with the Forest Institute. iii. The Project Proponent needs to submit the valid mining plan on the Parivesh portal. iv. The Project Proponent needs to submit the chapters in EIA/EMP report which are not included. 16 Feb 2023
16. ADS LetterWe are requesting you to kindly consider our propsal in next meeting and grant us environmental clearance at your earliest 17 Feb 2023
17.NASir, The project proponent has submitted incomplete information. PP is requested to submit the valid LOI letter from DMG, Rajasthan, whether LOI is valid as on date. The Project Proponent is requested to submit the District Survey Report (DSR) as per Ministry’s Notification S.O.3611(E) dated 25.07.2018 and in accordance with the order of Hon’ble Supreme Court dated 10.11.2021 in Civil Appeal Nos. 3661-3662 of 2020 titled as State of Bihar V/s Pawan Kumar. It is kindly requested to provide the copy of approved DSR by SEIAA.The Project Proponent may kindly note that submission of incomplete information on Parivesh portal may lead to delist the proposal from the Parivesh portal. 18 May 2023
18. ADS LetterRespected Sir We hereby submitting Valid LOI and DSR Approval letter Kindly consider the same and grant us Environment Clearance. 27 Sep 2023
19.NASir, The proposal for Environmental Clearance was considered in the EAC meeting held during 18-20 Oct, 2023 and the Observation and Recommendation of the EAC are as follows: The Project Proponent/Consultant presented the KML file to indicate the site features in the study area of 10km radius. The Project Proponent has shown the mine lease boundary. The mine lease area is situated within the river bed which is a seasonal river and classified as a Gaur Mumkin Nadi Nallah. The total mine lease area is 360.97 ha and the mineable area is 199.95 ha. Baseline data was carried out during Dec, 2015 - Feb, 2016 and revalidated during April - May, 2022. The EAC asked the Project Proponent whether boundary pillars are demarcated on the ground or not. The Project Proponent has informed the EAC that no boundary pillars were fixed. The EAC asked the Project Proponent to submit the proof of the demarcation of the boundary pillars fixed on the ground. The EAC deliberated on the additional details submitted by the Project Proponent and the Consultant. The Project Proponent has informed the EAC that the mine lease is valid for a period of 05 years from the lease agreement dated 30.03.2023. The mine lease deed was executed on 29.03.2023 and registered on 30.03.2023. District Survey Reports (DSRs) for Sand or River Bed mining for Jhalawar District of Rajasthan was approved by the State Environment Impact Assessment Authority, Rajasthan vide its meeting dated 18.09.2023 and the same was informed by the SEIAA vide letter dated 21.09.2023. The Project Proponent presented the action plan for planting Vetiver Grass on the banks of the river. The EAC asked the Project Proponent that which Forest Institute has been consulted. The Project Proponent has informed the EAC that the no consultation has been done with the Forest Institute and the same will be consulted after starting mining operations. The EAC noted that the action plan submitted by the Project Proponent is generic in nature and it is not site specific. The EAC was not convinced with the statement of the Project Proponent. The EAC was of the view that the Project Proponent should have a prior action plan for undertaking plantation on the banks of the river. The EAC asked the Project Proponent to consult with the Forest Institute and asked to resubmit the action plan. The EAC asked about the equipments that will be utilized for mining. The Project Proponent has informed the EAC that the payloader (8 no.s) and tractor trolley (6 no.s).About 5000 TPD of material will be transported.The EAC asked the Project Proponent to verify the Schedule-I species in reference to the Wild Life (Protection) Amendment Act, 2022 and also to submit the authenticated list of Flora and Fauna from the Forest Dept. and shall include the Schedule-I species in their Wildlife Conservation Plan, if any new Schedule-I Species has been added. The EAC asked the Project Proponent whether replenishment study has been carried out or not. The Project Proponent has informed the EAC that the replenishment study was undertaken prior to 2017. After grant of EC, the replenishment study will be undertaken as per CMPDI guidelines. The EAC was of the view that the replenishment study for river bed sand is required in order to nullify the adverse impacts arising due to excess sand extraction. The EAC observed that when replenishment study was undertaken prior to 2017 and there is a question that whether the same has been included in the latest approved mining plan dated 30.11.2022. The EAC opined that as per the Sustainable Sand Mining Management Guidelines, 2016, the Mining Plan shall inter-alia include study to show that the annual replenishment of sand in the mining lease area is sufficient to sustain mining operations at levels prescribed in the mining plan and that the transport infrastructure is adequate to transport the mines material. Therefore, the EAC deferred the proposal for want of following additional information:- i. The Project Proponent needs to submit the replenishment study in line with the guidelines of CMPDI. ii. The Mining Plan shall inter-alia include study to show that the annual replenishment of sand in the mining lease area is sufficient to sustain mining operations at levels prescribed in the mining plan and that the transport infrastructure is adequate to transport the mines material. iii. The Project Proponent needs to submit the map showing the transport network to bypass the existing village road along with its carrying capacity and the level of traffic as per IRC guidelines. iv. The Project Proponent needs to verify the Schedule-I species and also to submit the authenticated list of Flora and Fauna from the Forest Dept. in reference to the Wild Life (Protection) Amendment Act, 2022 and shall include the Schedule-I species in their Wildlife Conservation Plan, if any new Schedule-I Species has been added. v. The Project Proponent needs to consult with the Forest Institute and accordingly shall submit the site specific action plan for planting Vetiver Grass on the banks of the river. vi. The Project Proponent needs to submit the proof of the demarcation of the boundary pillars fixed on the ground. vii. The Project Proponent needs to submit the letter from the Dept. of Geology and Mining, Govt. of Rajasthan regarding whether any illegal mining has been carried out in the mine lease or not. viii. The Project Proponent needs to submit an action plan in accordance with approved DSR. 27 Oct 2023
20. ADS LetterRespected Sir, Please find the attached letter to transfer the case from EAC to SEIAA Rajasthan. Regards 23 Nov 2023
21.NASir, As per recommendation of EAC, the proposal was returned and file has been sent to SEIAA on 27/3/2024, Rajasthan for necessary action. 28 Mar 2024
4. Accredited Consultant Details
   i. Accreditation status : Yes    ii. Accreditation No. : 41    iii. Name of Consultant: ENKAY ENVIRO SERVICES PVT. LTD.   iv. Address : #92, HEERA NAGAR-A, NEAR SHALIMAR BAGH, AJMER ROAD, JAIPUR   v. Mobile No.: 9314363996   vi. Landline No.: 01412354997   vii. Email Id: mukeshspidawa@gmail.com
5. Undertaking
I hereby give undertaking that the data and information given in the application and enclosures are true to be best of my knowledge and belief and I am aware that if any part of the data and information found to be false or misleading at at any stage, the project will be rejected and clearance given, if any to the project will be revoked at our risk and cost.
   i. Name of Applicant : Mukesh Sharma    ii. Designation : Lessee    iii. Name of Company(Applicant Name should not be given here) : Mukesh Sharma    iv. Address : “ 7 “, Anand Puri Colony, Kalwar Road, Jhotwara v. Uploaded copy of documents in support of the competence/authority of the person making this application to make application on behalf of the User Agency: Annexure-Uploaded copy of documents in support of the competence/authority of the person making this application to make application on behalf of the User Agency
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